PROPOSED RULEMAKING
DEPARTMENT OF AGRICULTURE
[7 PA. CODE CH. 104]
Peach and Nectarine Research Program
[27 Pa.B. 2124] The Department of Agriculture (Department), Bureau of Market Development, proposes to amend Chapter 104 (relating to enforcement of marketing programs) by adding Subchapter E (relating to Peach and Nectarine Research Program) to address the Pennsylvania Peach and Nectarine Research Program (Program). The proposed amendment is offered under authority of sections 3 and 11 of the Pennsylvania Agricultural Commodities Marketing Act of 1968 (act) (3 P. S. §§ 1003 and 1011) which, respectively, direct the Department to administer and enforce the act and delegate to the Department the power to adopt regulations necessary to implement the act.
The act allows the producers of a particular agricultural commodity to establish a marketing program if a referendum is held and both the majority of affected producers and the majority by volume of production vote to establish the proposed Program. The Program was established in 1989 as a result of a referendum. The Program was continued for 5 years as the result of a referendum conducted in 1994.
The Program is funded through the collection of a $5-per-acre producer charge from those peach and nectarine producers having 500 or more peach or nectarine trees in their production operations. This producer charge formula was included in the referendum under which the Program was voted into existence. Producer charges accrue on a July 1-to-June 30 marketing season basis.
The proposed amendments define terms, set forth the obligation of an affected producer to account for and pay annual producer charges owed the Program, clarify the procedures by which this obligation can be met and set forth penalties for noncompliance.
Proposed § 104.62 (relating to definitions) sets forth the basic definitions necessary to implement the subchapter, and incorporates the definition of ''affected producer'' verbatim from the Program order under which the Program was established.
Proposed §§ 104.63--104.65 (relating to producer charge; responsibility for payment of producer charge; and accounting and payment) describe the applicable $5-per-acre producer charge, clarify the obligation of an affected producer to pay that charge and describe the appropriate procedure by which to make payment, respectively.
Proposed § 104.65(e) prescribes a civil penalty of between $100 and $500 for those affected producers who fail to meet their obligations to the Program. This civil penalty must be as nearly the equivalent of the delinquent producer charges as is practicable.
Through the proposed amendments, the Department more clearly defines the responsibilities of affected producers with respect to the Program. In addition, the proposed amendments provide for the imposition of a civil penalty for noncompliance. This should result in a more fully-funded Program that more equitably spreads its expenses among those who receive its benefits.
Fiscal Impact
Commonwealth The proposed amendments will impose no costs and have no fiscal impact upon the Commonwealth.
Political Subdivisions The proposed amendments will impose no costs and have no fiscal impact upon political subdivisions.
Private Sector The proposed amendments will impose no costs and have no fiscal impact upon the private sector.
General Public The proposed amendments will impose no costs and have no fiscal impact upon the general public.
Paperwork Requirements
The proposed amendments will not result in an appreciable increase in paperwork.
Regulatory Review
The Department submitted a copy of the proposed amendments, on April 18, 1997, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Standing Committees on Agriculture and Rural Affairs, in accordance with section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)). The Department also provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has an objection to any portion of the proposed amendments, it must so notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act sets forth detailed procedures for review of these objections by the Department, the General Assembly and the Governor prior to final publication of the final-form regulations.
Contact Person
Interested persons are invited to submit written comments regarding the proposed amendments within 30 days following publication in the Pennsylvania Bulletin. Comments are to be submitted to the Department of Agriculture, Bureau of Market Development, 2301 North Cameron Street, Harrisburg, PA 17110-9408, Attention: Michael Varner.
Effective Date
The proposed amendments will become effective upon final adoption.
CHARLES C. BROSIUS,
SecretaryFiscal Note: 2-110. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART IV. BUREAU OF MARKET DEVELOPMENT
CHAPTER 104. ENFORCEMENT OF MARKETING PROGRAMS
Subchapter E. PEACH AND NECTARINE RESEARCH PROGRAM Sec.
104.61. Scope. 104.62. Definitions. 104.63. Producer charge. 104.64. Responsibility for payment of producer charge. 104.65. Accounting and payment. § 104.61. Scope.
This subchapter establishes the procedures by which peach and nectarine producers pay producer charges owed the Program.
§ 104.62. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Pennsylvania Agricultural Commodities Marketing Act of 1968 (3 P. S. §§ 1001--1013).
Affected producer--A person who produces, grows or causes to be grown 500 or more peach trees or nectarine trees, or both, of all ages, for the production of peaches or nectarines, or both, for sale or marketing.
Department--The Department of Agriculture of the Commonwealth.
Peaches and nectarines--All peaches and nectarines (prunus persica) produced in this Commonwealth for the purpose of sale by a producer as defined in this subchapter.
Person--An individual, firm, partnership, corporation, association or other business unit.
Program--The Pennsylvania Peach and Nectarine Research Program.
§ 104.63. Producer charge.
The producer charge owed the Program is $5 with respect to each acre of peach trees or nectarine trees, or both, grown by an affected producer. This producer charge may be changed by subsequent amendment of the Program in accordance with the referenced procedure in Chapter 103 (relating to referendums).
§ 104.64. Responsibility for payment of producer charge.
It is the responsibility of an affected producer to submit an annual statement, as described in § 104.65 (relating to accounting and payment) and to pay the appropriate producer charge owed the Program.
§ 104.65. Accounting and payment.
(a) Annual statement. The Program will provide the producer with annual statement forms with which to verify the producer's name and address, whether the producer is an affected producer and the number of acres of peach or nectarine, or both, trees grown that are subject to the producer charge. The affected producer shall complete and submit the annual statement form in accordance with this section.
(b) Form of payment. Payment of a producer charge shall be by check or money order payable to the ''PA Peach and Nectarine Research Program.''
(c) Address. The annual statement form and payment described in subsections (a) and (b) shall be mailed or delivered to:
Department of Agriculture
Bureau of Market Development
Attn: PA Peach and Nectarine
2301 North Cameron Street
Harrisburg, Pennsylvania 17110-9408(d) Deadline. The annual statement form and payment described in subsections (a) and (b) shall be postmarked and mailed, or actually delivered to the Program, by October 1 each year any person is an affected producer. This due date may be changed by amendment of the Program in accordance with the referendum procedure in Chapter 103 (relating to referendums).
(e) Penalty for noncompliance. An affected producer who fails to mail or deliver the required annual statement form as described in subsection (a), and the producer charges owed the Program within 30 days of the due date, as described in subsection (d), shall be required to pay a penalty of at least $100 but not more than $500, and as nearly equivalent to 100% of the amount of the delinquent producer charges as is practicable. An action seeking imposition of a penalty, plus payment of producer charges owed the Program, may be brought in the appropriate magisterial district. A penalty shall be in addition to the delinquent producer charges owed the Program.
[Pa.B. Doc. No. 97-676. Filed for public inspection May 2, 1997, 9:00 a.m.]
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